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Full-Text Articles in Legal Education
Fiduciary-Isms: A Study Of Academic Influence On The Expansion Of The Law, Daniel B. Yeager
Fiduciary-Isms: A Study Of Academic Influence On The Expansion Of The Law, Daniel B. Yeager
Faculty Scholarship
Fiduciary law aspires to nullify power imbalances by obligating strong parties to give themselves over to servient parties. For example, due to profound imbalances of legal know-how, lawyers must as fiduciaries pursue their clients’ interests, not their own, lest clients get lost in the competitive shuffle. As a peculiar hybrid of status and contract relations, politics and law, compassion and capitalism, fiduciary law is very much in vogue in academic circles. As vogue as it is, there remains room for my “Fiduciary-isms...”, a meditation on the expansion of fiduciary law from its origins in the law of trusts through partnerships, …
Law Teachers And The Educational Continuum, Michael K. Jordan
Law Teachers And The Educational Continuum, Michael K. Jordan
Faculty Scholarship
There are many difficulties in teaching the law. These problems are often referred to generically as the difficulty in training students to "think like lawyers." The primary focus of the literature discussing these concerns has, therefore, been on how law schools should assist students in developing this ability. Underlying much of this literature is the assumption that what is needed is some tinkering with the law school curriculum. Students are believed to enter law with a set of abilities and potentialities that are honed by the law school curriculum to produce something called a lawyer or the skill denominated as …